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Digitized  by  the  Internet  Archive 
in  2015 


https://archive.org/details/gamefishconserva1913illi 


Game  and  Fish 
Conservation  Act 

of  1913 


OOMM  ISSIOrsJERS: 


G.  J.  Dittmar,  — President 

Freeport. 

Henry  V.  Meeteren,  11141  Watt  Ave. 
Chicago. 


J.  B.  Vaughn, 


Carlinville. 


3 


1X13^ 


'■^•^FIRST  DISTRICT 


Headquarters Chicago 


r>; 


Warden:  Sol.  Van  Praag 


OOUNTlEISr 


McHenry 

Lake 

Kane 

DuPage 

M- 

Cook 

Kendall 

Grundy 

Will 

Kankakee 

Iroquois 

'X 

ICC 

4 


SECOND  DISTRICT 


Headquarters  - - - Sterling,  Illinois 


Warden:  Alva  M.  Clavin 


COU  NT  I ES: 


Jo  Daviess 

Stephenson 

Winnebago 

Boone 

Carroll 

Ogle 

DeKalb 

Lee 

Whiteside 

Rock  Island 

Mercer 

Henry 

Bureau 

Putnam 

LaSalle 


5 


THIRD  DISTRICT 


Headquarters Havana,  Illinois 


Warden:  J.  M.  Entwhistle 


oou  isnr I e:s= 


Henderson 

Knox 

Peoria 

Woodford 

Fulton 

Hancock 

Brown 

Cass 

Menard 

Sangamon 

Scott 


Warren 

Stark 

Marshall 

Tazewell 

McDonough 

Adams 

Schuyler 

Mason 

liOgan 

Morgan 

Pike 


FOURTH  DISTRICT 


Headquarters  -----  Shelbyville 


Warden:  Isaac  S.  Storms 


OOU  NTI  Es: 


Livingston 

McLean 

Macon 

Champaign 

Edgar 

Coles 

Christian 

Cumiberland 

Crawford 

Effinghami 


Ford 

Dewitt 

Piatt 

Vermilion 

Douglas 

Moultrie 

Shelby 

Clark 

Jasper 

Fayette 


7 


FIFTH  DISTRICT 


Headquarters  - - - - E.  St.  Louis 


Warden:  Peter  Foy 


COU  NTI  ElSr 


Calhoun 

MaCoupin 

Bond 

Clinton 

Monroe 

Perry 


Green 
Jersey 
Montgomery 
Madison 
St.  Clair 
Washington 
Randolph 


8 


SIXTH  DISTRICT 


Headquarters  - - - - Carbondale 


Warden  (acting)  : M.  R.  Fakes 


OOU  NT  I EIS- 


Marion 

Clay 

Richland 

Lawrence 

Wabash 

Edwards 

Wayne 

Jefferson 

Franklin 

Hamilton 

White 

Gallatin 

Saline 

Williamson 

Jackson 

Union 

Johnson 

Pope 

Hardin 

Massac 

Pulaski 

Alexander 

INDEX 


Bait  or  Feed  20 

Brant  16 

Coot  16 

Doves  15 

Duck  16 

Destrov  Wild  Nest  Game  24 

Dynamite,  Destroying  fish  by  39 

Dam,  Erect  or  Control  any  47 

Pisb  Preserves  34 

Pish  Shipments,  false  tags 50 

Kind  of  Fish  caught  37 

Length  of  Pish  41-42 

Game  Birds 19-20 

Game,  Buy  or  sell  18-19 

Game  for  Breeding  22-23 

Game  killed  for  Transportation  22 

Grouse  16 

Jack  Snipe  15 

Licenses,  revoking  51 

Non-Re.'Vident  Licenses,  Hunting  28-29 

Mussels  Non-Residents’  License  51 

fiicense  fees  collected  by  clerks  35 

Market,  Licenses  For  Pish  33 

Pishing  License  31-32 

Mussels,  Length  of  Bars  and  Number  to 

catch  51-52 

Minnows  for  bait  38 

Number  of  Birds,  May  kill  28-29 

Ownership  and  Title  of  Game  23-24 

Own  rship  and  Title  of  Pish  37 

Propagation  of  Pish  38-39 

Partridge  15 

Pheasants  22-23 

Plover  16-17 

Quail  15 

Rail 16 

Seines,  Size  of  Meshes  37 

Seines,  Length  of,  or  Nets  37-38 

Squirrel  ...  15 

Snipe  15 

Tran^portation  of  Pish 42-43 

Trap.  Snare,  or  Net  20 

Transfer  of  License  . 35 

Sell,  fish  unlawful  to  41 

Wood  Cock 15 


10 


GAME  AND  FISH  CONSERVATION  ACT  OF  1913 


§ 1.  Appointment  of  commission— duties. 

§ 2.  Employees. 

I 3.  Salary— expenses. 

S 4.  What  and  when  unlawful  to  hunt,  etc.— 
exceptions. 

§ 5.  What  unlawful  to  buy,  sell,  have,  etc. 

§ 6.  What  wild  birds  unlawful  to  kill,  etc.— 
game  birds  named. 

§ 7.  What  unlawful  to  trap,  etc,— no  bait  or 
feed. 

§ 8.  When  unlawful  to  buy,  sell,  etc.— excep- 
tion. 

§ 9.  Interstate  shipments— proviso. 

§ 10.  What  not  killed,  etc.,  for  ten  years— excep- 
tions. 

§11.  Ownership  and  title  of  srame  and  birds  in 
State. 

§ 12.  Taking:  or  destroying  nests  or  eggs. 

§ 13.  Birds,  nests  or  eggs  for  scientific  purposes. 

§ 14.  Certificate  to  collect  birds,  nests  or  eggs— 
bond- 

§ 15.  ®u ration  of  certificate. 

§ 16  Affidavit  of  violation  and  form  of  search 
warrant 

§17.  Hearing  on  complaint. 

§ 8.  Confiscation  and  sale  of  game.  etc. 

§ 19.  Disposition  of  fine  and  cost. 

§ 20.  Officers  not  liable  for  wrongful  seizure  of 
game,  etc. 

§ 21.  Application  for  hunter’s  license— oath— 
fees— form— numbe*  daily— duration  of 

license— exemptions— penalty. 

§ 22.  Unlawful  fishing  — exemption  — fees  — no 
transfer 

§ 23.  Fish  license— how  issued. 

§ 24.  Pish  dealer’s  license— how  issued— fees— 
duration— unlawful  shipments— seizure  of 
cont'-aband  fi-^h 

§ 25.  Pish  preserves -notices— penalty  for  unlaw- 
ful fishing 

§ 2«.  License  fees  paid  to  ^tate  Treasurer. 

§ 27.  Alt»^ration.  loan  or  transfer  of  fish  license 
prohibited. 

§ 28.  Prosecutions  for  violations— fines  trans- 
mitted by  magistrate,  etc. 

§ 29.  Owner’s  permit  to  hunt. 


11 


f 30.  Violation  a misdemeanor— forfeiture  of 
cense— title  to  land. 

§31.  Penalty  for  violating:  section  29. 

I 32  Ownership  and  title  of  fish  in  State. 

§ 33.  Pishinr  subject  to  restrictions  of  Act. 

§ 34  Fishing  with  hook  and  line— frogs. 

§ 35.  Fishing  with  net,  basket  or  seine. 

§ 38.  White  fish  and  trout— proviso. 

§ 37.  Minnows  for  bait. 

§ 38.  Officials  may  take  fish  for  propagation,  ae- 
stroy,  etc, 

§ 39.  Size  of  nets  or  seines— how  set  and  lifted. 

§ 40.  Use  of  drugs,  explosives,  firearms,  artificial 
lights,  etc  —permit  in  writing. 

§ 40a.  Structures  on  ice— penalty. 

i 41.  Legal  size  of  fish— what  unlawful  to  sell — 
proviso. 

§ 42.  Legal  size  and  weight  of  fish— donations  by 
officers 

§ 43.  What  fish  unlawful  to  ship  at  any  time— 
what  carried  or  transported  as  baggage- 
label. 

§ 44.  When  and  what  fish  may  be  shipped— 
penalty. 

§ 45.  Common  carriers  not  to  receive  or  ship  fish 
without  tag,  etc. 

§ 46.  Fish  hatcheries— fish  culturist. 

§ 47.  Seizure  of  unlawful  devices— proceedings— 
sale  or  destruction. 

§ 48.  Contraband  fish. 

§ 49.  Dam  or  obstruction— fishways— arbitration 

§ 50.  False  label— penalty. 

i 51.  Definitions. 

§ 52.  Inspection  and  examination  of  fish. 

§ 53.  Resisting  officer— penalty. 

§54.  Revocation  of  license. 

§ 55.  Mussel,  clam,  or  shell  fish— penalty. 

§ 56.  Non-resident  not  to  take  mussel,  clam  or 
shell  fish  in  boat  without  license— pen- 
alty. 

§ 57.  Boats— size— penalty. 

I 58.  Boat  license— how  issued— fee— duration- 
metal  tag— penalty . 

§ 59.  Powers  and  duties  of  commissioners,  ward- 
ens and  deputies. 

§ 60.  Offenses  and  penalties— fines  paid  to  State 
Treasurer. 

§ 61.  Prosecutions— duties  of  State’s  attorneys. 

§ 62.  Prosecutions  within  one  year  after  offense 

§ 63.  Duty  of  other  officers, 

§ 64.  Report. 

§ 65.  Repeal. 


IMPORTANT  NOTICE 


Last  March,  Congress  enacted  a law, 
giving  to  the  Department  of  Agriculture, 
power  to  miake  regulations  concerning 
what  birds  are  migratory  game  birds, 
and  what  are  migratory  insect  eating 
birds;  and  also  declaring  what  shall  be 
“Open”  and  “Closed”  seasons  for  tbe 
same.  Under  tbe  power  given  in  this 
Act,  the  Departmient  of  Agriculture  has 
formiulated  certain  regulations,  that  will 
become  operative,  on  or  about  the  first 
day  of  October,  if  signed  by  the  Presi- 
dent of  the  United  States,  that  will  take 
precedence  over  and  render  partly  in- 
operative some  of  the  game  laws  of  the 
State  of  Illinois.  One  of  these  proposed 
regulations  prohibits  the  shooting  of 
water  fowl  in  the  State  of  Illinois  from 
the  16fh  day  of  December,  to  the  2nd  day 
of  September  of  the  following  year. 
Before  shooting  water  fowls  in  Illinois 
one  better  advise  him(Self  concerning 
these  regula  tions  made  by  the  Depart- 
ment of  Agriculture. 


13 

(Senate  Bill  No.  617.  Approved  June 
23,  1913.) 

An  Act  for  the  conservation  of  game, 
wild  fowl,  birds  and  fish  in  the 
State  of  Illinois,  for  the  appoint- 
ment of  a commission  and  staff  for 
the  enforcement  thereof,  and  to  re- 
pedil  certain  Acts  relating  thereto. 
Section  1.  Be  it  enacted  by  the 
People  of  the  State' of  Illinois,  repre- 
sented in  the  General  Assembly : That 
withdn  thirty  days  after  tbis  Act  shall 
take  effect  the  Governor  of  the  State, 
by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  three  persons 
to  be  called  and  known  as  the  State 
Gamie  and  Fish  Conservation  Commis- 
sion, referred  to  and  designated  here- 
after in  this  Act  as  the  commission. 
One  member  of  the  commission  shall 
be  designated  by  tbe  Governor  as  the 
president  of  the  commission,  who  shall 
be  the  executive  officer  of  the  commis- 
sion. It  shall  be  the  duty  of  the  comi- 
mission  to  conserve  the  game,  wild 
fowl,  birds  and  fish  of  the  State,  to  se- 
cure the  enforcement  of  all  the  stat- 
utes of  tbe  State  for  the  preservation 
of  gamie,  wild  fowl,  birds  and  fish  and 
bring,  or  cause  to  be  brought,  actions 
and  proceedings  in  the  name  of  the 
People  of  the  State  of  Illinois,  to  re- 
cover* any  and  all  fines  and  penalties 
provided  for  in  such  laws  relating  to 
game,  wild  fowl,  birds  and  fi.sh,  and 
to  prosecute  all  violators  of  said  stat- 
utes. 

§ 2.  Employes.]  To  carry  out  the 
provisions  of  this  Act,  tbe  commission 


14 


shiall  have  the  power  to  appoint  six 
wardens  and  sixty  deputy  wardens, 
who  shall  serve  continuously,  and  may 
appoint  in  addition  thereto  not  to  ex- 
ceed sixty  deputy  wardens  for  tempo- 
rary service  during  such  seasons  as  in 
the  judgment  of  the  commission  such 
extra  service  is  required.  All  wardens 
and  deputy  wardens  shall  be  subject 
to  th<e  control  of  tbe  commission;  and 
the  commission  shall  also  have  the 
power  to  employ  such  other  officers, 
agents  and  employes  as  it  may  deem 
necessary  for  the  efficient  conduct  of 
its  business.  In  addition  to  the  ward- 
ens, and  deputy  warden  herein  pro- 
vided for,  all  constables  in  this  State 
shall  be  ex  officio  special  deputy  ward- 
ens who  shall  receive  no  salary  per 
diem  or  expenses  as  such,  but  who 
shall  receive  in  addition  to  the  fees 
and  mileage  provided  by  law,  one-half 
of  ail  the  tines  recovered  for  violation 
of  this  Act  in  case  where  they  have 
filed  ihe  comiplaint. 

§ 3.  Salary — expenses.]  The  presi- 
dent of  the  commission  shall  receive 
an  annual  comipensation  of  $4,000;  th<e 
i*emaining  two  miemibers  of  the  com- 
mdssion  sh*all  each  receive  an  annual 
compensation  of  $3,000.  The  six 
wardens  provided  for  herein  shall  each 
receive  an  anualcompensation  of$l,500. 
The  sixty  deputy  wardens  provided  for 
herein  shall  each  receive  an  annual 
compensation  of  $1,200.  Deputy  ward- 
ers appointed  for  temporary  service 
shall  receive  comipensation  during  the 
time  of  such  service  at  the  rate  of  $100 
der  month.  Each  member  of  the  com- 


15 

mission  and  each  warden  and  deputy 
warden  shall  be  allowed  his  actual 
traveling  experses  incurred  in  official 
business.  The  Secretary  of  State  shall 
provide  the  comimission  with  suitably 
furnished  offices  in  the  Capitol  build- 
ing at  Springfield  and  with  the  neces- 
sary blank  books,  blanks,  stationery 
and  printed  matter. 

§ 4.  It  is  hereby  declared  to  be  un= 
lawful  to  hunt,  kill,  net,  entrap,  en- 
snare, destroy  or  attempt  to  hunt,  kill, 
net,  entrap,  ensnare  or  destroy  any 
Bobwhite  quail  from  the  loth  day  of 
December  to  the  loth  day  of  November 
(both  inclusive)  of  each,  succeeding 
year,  nor  more  th*an  twelve  by  any  one 
person  in  one  day ; or  any  pinnated  grouse 
(prairie  chicken)  from  the  25th  day 
of  November  of  any  year  to  the  loth 
day  of  November  (both  inclusive^  of 
the  next  succeeding  year,  nor  more 
than  three  by  one  person  in  one  day; 
or  any  ruffed  grouse  (partridge^  Mex= 
ican  blue  quail,  California  mountain 
quail,  California  valley  quail,  Hungarian 
partridge,  Capercalzie,  heath  grouse 
vblack  grouse),  or  wood  cock  for  the 
period  up  to  and  including  July  i,  1920; 
or  any  gray,  red  fox  or  black  squirrel 
from  the  15th  day  of  November  to  the 
1st  day  of  July  of  each  succeeding  year; 
or  any  of  the  order  of  Limicolae  or 
shore  birds,  commonly  known  as  jack- 
snipe,  Wilson’s  snipe,  sand  snipe,  or 
any  kind  of  snipe,  or  any  golden  plover, 
upland  plover  or  any  kind  of  plover, 
from  the  ist  day  of  May  to  the 
1st  day  of  September  (both  inclusive) 
of  any  year,  or  any  mourning  dove 
from  November  ist  of  any  year  to 


16 


August  15th  of  the  succeeding  year, 
nor  more  than  fifteen  by  one  person 
in  one  day.  And  it  shall  be  unlawful 
to  kill,  hunt,  ensnare,  entrap  or  at- 
tempt to  kill,  hunt,  ensnare,  entrap  or 
otherwise  destroy  any  wild  goose,  duck, 
brant,  coot  (miud  henj,  rail  or  other 
water  fowl  at  any  timie  from  the  15th 
day  of  April  to  the  ist  day  of  Septem- 
ber (both  inclusive)  of  each  year.  And 
it  shall  be  unlawful  to  hunt,  kill,  en- 
trap, ensnare,  or  attemipt  to  hunt,  kill, 
entrap,  ensnare  or  otherwise  destroy 
any  wild  goose,  duck,  brant,  coot,  rail, 
or  other  water  fowl  between  the  sun- 
set of  any  day  and  the  sunrise  of  the 
next  succeeding  day  at  any  period  of  the 
year.  And  it  shall  further  be  unlawful 
at  any  time  to  hunt,  kill,  entrap, 
ensnare,  or  attempt  to  hunt,  kill,  en- 
trap, or  ensnare  or  otherwise  de- 
stroy any  wild  goose,  brant,  duck, 
coot,  rail  or  other  water  fowl  from  any 
fixed  or  artificial  ambush  beyond  the 
lines  of  natural  covering  of  reeds,  canes, 
willows,  flags,  crooked  brush,  wild  rice 
or  other  vegetation  above  the  water  of 
any  lake,  river,  bay  or  inlet  or  other 
water  course  wholly  within  the  State, 
or  with  the  aid  or  use  of  any  device 
commonly  called  sneak  boat,  sink  box 
or  other  device  for  the  purpose  of  con- 
cealment in  the  open  waters  of  this 
State. 

And  it  shall  be  unlawful  to  shoot,  kill 
or  destroy,  or  attempt  to  shoot,  kill  or 
destroy  any  wild  goose,  duck,  brant, 
coot,  rail  or  other  water  fowl  with  a 
swivel  gun  or  rifle,  or  from,  any  sail 
boat,  gasoline  or  electric  launch  or 


17 


steamboat,  at  any  time  in  any  part  of 
the  water  of  any  lake,  river,  bay  or  inlet 
or  other  water  course  wholly  within 
this  state:  Provided^  that  it  shall  be  un= 
lawful  to  kill,  entrap,  ensnare  or  other- 
wise destroy  any  of  the  duck,  geese, 
brant,  coot,  rail  or  other  water  fowl,  or 
any  of  the  order  of  Limicolae  or  shore 
birds,  commonly  known  as  jack  snipe, 
Wilson’s  snipe,  sand  snipe  or  any  kind 
of  snipe,  or  any  golden  plover,  upland 
plover,  or  any  kind  of  plover  mentioned 
in  this  section,  at  any  time  for  market 
or  other  commercial  purposes,  nor  more 
than  fifteen  ducks,  ten  geese,  ten 
brant,  twenty  coot,  twenty  rails,  or 
other  water  fowl,  by  one  person  in  one 
day. 

Any  person  or  persons  so  offending 
shall  for  each  and  every  offense  be 
deemed  guilty  of  a misdemeanor,  and 
on  conviction  shall  be  fined  in  any 
sum  not  less  than  fifteen  nor  more  than 
fifty  dollars  and  costs  of  suit,  and  shall 
stand  committed  to  the  county  jail  until 
such  fine  and  costs  are  paid:  Provided, 
that  such  imprisonment  shall  not 
exceed  ten  days:  and  the  killing  of  each 
bird  or  animal  herein  specified  shall 
be  deemed  a esparate  offense : Piovided, 
that  nothing  in  this  section  shall  be 
construed  to  prevent  the  commission 
or  its  wardens  or  deputies  from  hunt- 
ing, ensnaring  or  entrapping  any  of 
the  game  birds  or  animals  in  this  sec- 
tion mentioned  and  transmitting  them 
to  other  sections  of  the  State,  where  a 
scarcity  of  these  game  birds  or  animals 
oxists,  for  the  purpose  of  propagating 


18 


and  restocking  saidsectionsof  the  State : 
And  provided  further y that  before  hunt- 
ing, ensnaring  or  entrapping,  said  com- 
mission, its  wardens  or  deputies  must 
first  obtain  the  consent  in  writing  of 
the  tenant  or  land  owner  from  whose 
premises  said  game  birds  and  animals 
are  taken. 

§ 5.  It  shall  be  unlawful  for  any  per- 
son to  buy,  sell  or  have  in  his  or  her 
possession  any  of  the  animals,  wild  fowl 
or  birds  mentioned  in  section  4 of  this 
Act  at  any  time  when  the  killing,  trap- 
ping, netting  and  ensnaring  of  such  ani- 
mals, wild  fowl  or  other  birds  shall  be 
unlawful.  And  it  shall  further  be  unlaw- 
ful for  any  person  or  persons  at  anytime 
to  buy,  sell  or  expose  for  sale,  or  to  have 
in  his  or  her  possession  for  the  purpose 
of  selling,  any  wild  duck,  goose,  brant, 
shore  bird,  Bobwhite  quail,  Mexican  blue 
quail,  California  mountain  quail,  Cali» 
fornia  valley  quail,  Hungarian  partridge, 
Capercalzie,  heath  grouse  (black  grouse), 
ruffed  grouse  or  partridge,  gray,  red  fox 
or  black  squirrel  or  wild  turkey,  except 
that  they  shall  have  been  imported  from 
other  states  as  hereinafter  provided  for, 
and  then  only  between  the  first  day  of 
October  and  the  first  day  of  February  of 
the  following  year.  And  it  shall  further 
be  unlawful  for  any  person,  corporation 
or  carrier  to  receive  for  transportation, 
to  transport,  carry  or  convey  any  of  the 
aforesaid  quail,  pinnated  grouse  or 
prairie  chickens,  ruffed  grouse  or  part- 
ridge, snuirrel,  duck,  goose,  brant,  shore 
bird,  Hungarian  partridge,  Capercalzie, 
heath  grouse  or  wild  turkey  that  shall 


19 


have  been  caught,  ensnared,  entrapped 
or  killed  within  the  limits  of  this  State; 
and  it  shall  be  prima  facie  evidence  that 
the  having  in  possession  of  the  afore- 
said game  birds  or  animals  that  the 
same  were  caught,  ensnared,  entrapped 
or  killed  within  the  limits  of  this  State; 
or  to  transport,  carry  or  convey  the  same 
to  any  place  where  it  is  to  be  sold  or 
offered  for  sale,  or  to  any  place  outside 
of  this  State  for  any  purpose  except 
such  person  have  a license  from  this 
State  so  to  do.  And  any  person  guilty  of 
violating  any  of  the  provisions  of  this 
section  shall  be  guilty  of  amisdemeanor 
and  on  conviction  thereof  sh-all  be  fined 
not  less  than  twenty=five  dollars  nor 
more  than  one  hundred  dollars  for  each 
and  every  offense,  and  shall  stand  com- 
mitted to  the  county  jail  not  exceeding 
ten  days,  or  until  such  fine  and  costs  are 
paid : Provided^  that  the  buying,  selling 
or  exposing  for  sale,  having  in  posses- 
sion for  sale,  transporting  or  carrying 
and  conveying  contrary  to  the  provisions 
of  this  section,  of  each  and  every  animal 
or  bird  forbidden  herein  shall  be 
deemed  a separate  offense. 

§ 6.  Any  person  who  shall,  within  the 
State,  kill  or  catch,  or  have  in  his  or  her 
possession,  living  or  dead,  any  wild  bird, 
or  part  of  bird,  other  than  a game  bird, 
English  sparrow,  crow,  black  bird,  chick- 
en hawk,  or  other  hawks,  blue  jay  or 
wh'O  shall  purchase,  offer  or  expose  for 
sale,  any  such  wild  bird,  or  part  of  bird, 
after  it  has  been  killed  or  caught,  shall, 
for  each  offense  be  subject  to  a fine  of 
five  dollars  for  each  bird  killed  or 
caught  or  had  in  his  or  her  possession, 


20 


living  or  dead,  and  shall  stand  com- 
mitted  to  the  county  jail  until  such  fine 
and  costs  are  paid;  Provided,  that  such 
imprisonment  shall  not  exceed  ten  days: 
Provided,  further,  that  nothing  in  this 
section  shall  be  construed  to  prevent 
the  owner  or  occupant  of  lands  from 
destroying  any  such  birds  or  animals 
when  deemed  necessary  by  him  for  the 
protection  of  fruits  and  property.  For 
the  purpose  of  this  Act  the  following 
only  shall  be  considered  game  birds; 
The  Anatidae,  commonly  known  as  swan, 
geese,  brant,  river  and  sea  ducks;  the 
Ballidae,  [Rallidae]  commonly  known 
as  rail, and  theGallinules  andLimicolae, 
commonly  known  as  shore  birds,  plover, 
surf  birds,  snipe,  wood  cock  and  pipers, 
tattlers  and  curlews;  the  Calinane, 
[Gallinae]  commonly  known  as  wild 
turkey,  grouse,  prairie  chicken,  pheasant, 
partridges,  quailand  mourning  dove. 

§ 7.  No  person  or  persons  shall,  at 
any  time,  with  trap,  snare  or  net,  take 
or  attempt  to  trap,  ensnare  or  net  any 
wild  goose,  wild  duck,  brant,  rail  or  other 
water  fowl,  wild  turkey,  prairie  chicken^ 
quail,  grouse,  pheasant,  Mexican  blue 
quail,  Hungarian  partridge,  California 
valley  quail,  or  California  mountain 
quail  at  any  time,  except  as  hereinbe- 
fore provided;  and  it  shall  be  unlawful 
for  any  person  or  persons  to  bait  or  feed 
any  of  said  birds  or  water  fowls  with 
any  kind  of  seeds  or  grain  for  the  pur- 
pose of  trapping,  shooting  or  ensnaring 
them;  and  every  person  so  offending 
shall  on  conviction  be  fined  in  a sum 
not  less  than  ten  dollars  nor  more  than 


21 


twenty-five  dollars  and  cost  of  suit,  and 
shall  stand  committed  to  the  county  jail 
until  such  fine  is  paid : Provided,  that 
such  imiprisonmfent  shall  not  exceed 

fifteen  days. 

§ 8.  No  person  or  persons  shall  buy, 
sell  or  expose  for  sale,  or  have  in  his 
or  their  possession  for  the  purpose  of 
selling  or  exposing  for  sale,  any  of  the 
animals,  wild  fowl  or  birds  mentioned 
in  section  4 of  this  Act,  after  the  expira- 
tion of  five  days  next  succeeding  the  first 
day  of  the  period  in  which  it  shall  be 
unlawful  to  kill,  entrap  or  ensnare  such 
animals,  wild  fowl  or  bird;  nor  shall  any 
of  such  wild  animals,  wild  fowl  or  birds 
be  sold  or  offered  for  sale  during  the  first 
two  days  of  the  open  season.  Any  per- 
son so  offending  shall,  on  conviction, 
be  fined  and  dealt  with  as  specified  in 
section  4 of  this  Act,  and  the  buying, 
selling  or  exposing  for  sale  or  having 
same  inpossession  forthepurposeof  sell- 
ing or  exposing  for  sale  any  of  the  ani- 
mals or  birds  m^entioned  in  this  section 
after  the  expiration  of  the  time  men- 
tioned in  this  section,  shall  be  prima 
facie  evidence  of  the  violation  of  this 
Act:  Provided,  that  the  provisions  of 
this  section  shall  not  apply  to  the  kill- 
ing of  birds  by  or  for  the  use  of  taxider- 
mists  for  preservation,  either  in  public 
or  private  collections,  if  so  preserved : 
Provided  further,  that  nothing  con- 
tained in  this  section  shall  be  construed 
as  modifying  or  being  in  conflict  with 
section  5 of  this  Act,  or  authorizing 
or  legalizing  the  sale  or  exposing  for 
sale,  transportation  or  receiving  for 
transportation,  any  of  the  animals,  birds 


22 


or  game  as  therein  prohibited;  And 
Provided,  also,  that  the  inhabi>tants  of 
this  State  may  receive  game  from  other 
states  legally  killed,  entrapped  or 
ensnared,  and  expose  and  sell  the  same 
on  the  market  between  the  first  day  of 
October  and  the  first  day  of  February 
of  each  year. 

§ 9.  The  provisions  of  this  Act  shall 
not  be  construed  as  applicable  to  'any 
express  company  or  common  carrier, 
into  whose  possession  any  of  the  ani- 
mals, wild  fowl  or  birds  herein  men- 
tioned shall  come  in  the  regular  course 
of  their  business  for  transportation, 
wh'ile  they  are  in  transit  through  this 
State  from  another  state,  where  thekill- 
ing  and  transportation  of  said  animals, 
wild  fowl  or  birds  be  lawful.  But  not- 
withstanding this  provision,  the  having 
or  being  in  possession  of  any  such  ani- 
mials,  wild  fowl  or  birds,  as  are  men- 
tioned in  section  4,  upon  any  of  the  days 
upon  which  the  killing,  entrapping, 
ensnaring,  netting,  buying,  selling,  or 
having  in  possession  any  such  animals, 
wild  fowl  or  birds,  shall  be  unlawful  by 
the  provisions  of  this  Act,  shall  be 
deemed  and  taken  as  prima  facie  evi- 
dence that  the  same  was  ensnared,  en- 
trapped, netted  or  killed  in  violation  of 
this  Act. 

§ 10.  That  it  shall  be  unlawful  for 
any  person  in  the  State  of  Illinois  for 
and  during  the  period  of  ten  years  from 
the  passage  of  this  Act,  to  injure,  take, 
kill,  expose  or  offer  for  sale,  or  have  in 
possession,  except  for  breeding  pur» 
poses,  any  wild  buck,  doe  or  fawn:  Pro- 
vided,  that  any  person  who  breeds  and 


23 


i-aises  (leer  for  market  where  the  same 
has  been  bred  and  raised  within  an  en- 
closure, may  kill  and  sell  samie  from 
October  ist  to  February  ist.  And  it  shall 
be  unlawful  for  any  person  for  and  dur- 
ing the  period  of  ten  years  from  the 
passage  of  this  Act  to  injure,  take,  kill, 
expose  or  offer  for  sale  or  have  in  pos- 
session except  for  breeding  purposes  any 
wild  turkey  or  any  kind  of  pheasant, 
sand  grouse  or  partridge:  Provided,  that 
cock  pheasants  may  be  killed  and  sold 
from  the  1st  day  of  November  to  the  1st 
day  of  February  of  each  and -every  year, 
by  the  breeders  thereof,  upon  a permit 
issued  to  them  by  the  commission.  Any 
person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall 
be  punished  by  a fine  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred 
dollars,  and  in  default  of  payment  of 
the  fine  imposed  shall  be  imprisoned  in 
the  county  jail  at  the  rate  of  one  day  for 
each  dollar  of  the  fine  imiposed.  The 
fines  imposed  and  collected  under  this 
Act  shall  be  paid  into  the  State 
treasury, 

§ 11.  The  ownership  of  and  title  to 
all  wild  game  and  birds  in  the  State  of 
Illinois  is  hereby  declared  to  be  in  the 
State,  and  no  wild  game  or  birds  shall 
be  taken  or  killed  in  any  manner  or  at 
any  time  excetd  the  person  so  taking 
or  killing  shall  consent  that  the  title  to 
said  game  shall  be  and  remain  in  the 
State  of  Illinois  for  the  purpose  of  reg- 
ulating the  use  and  disposition  of  the 
same  after  such  taking  or  killing.  The 
taking  or  killing  of  wild  game  or  birds 


24 


at  any  time  in  any  manner  or  by  any 
person  shall  be  deemed  a consent  of  said 
person  that  the  title  to  such  game  or 
birds  shall  be  and  remain  in  the  State, 
for  said  purpose  of  regulating  the  use 
and  disposition  of  the  same. 

§ 12.  Any  person,  who  shall,  within 
the  State  of  Illinois,  take  or  needlessly 
destroy  the  nest  or  the  eggs  of  any  wild 
birds,  game  birds,  or  shall  have  such 
nest  or  eggs  in  his  or  her  possession, 
shall  be  subject  for  each  offense  to  a 
fine  of  five  dollars  and  costs  of  suit  and 
shall  stand  committed  to  the  county  jail 
until  such  fine  and  costs  are  paid : Pro- 
vided, that  such  imprisonment  shall 
not  exceed  ten  days. 

§ 13.  Sections  6 and  12  of  this  Act 
shall  not  apply  to  any  person  holding  a 
certificate  giving  the  right  to  take  birds 
and  their  nests  and  eggs  for  scientific 
purposes  as  provided  for  in  section  14 
of  this  Act. 

§ 14.  Certificates  may  be  granted  by 
the  county  clerks  of  the  several  counties 
of  this  State  to  any  properly  accredited 
person  of  the  age  of  eighteen  years  and 
upward  permitting  the  holder  thereof  to 
collect  birds,  their  nests  or  eggs  for 
strictly  scientific  purposes  only.  In  or- 
der to  obtain  such  certificate  the  appli- 
cant for  the  same  must  present  to  the 
county  clerk  to  whom  the  application  is 
made,  written  testimonials  from  two 
well  known  scientific  men,  certifying  to 
the  good  character  and  fitness  of  said 
applicanttobeentrusted  with  such  priv- 
ilege; and  must  pay  to  said  county  clerk 
one  dollar  to  defray  the  necessary  ex- 
penses attending  the  granting  of  any 


25 


such  certificates  and  must  file  with  said 
county  clerk  a properly  executed  bond 
in  the  sum  of  two  hundred  dollars 
signed  by  tw^o  responsible  citizens  of  the 
State  as  sureties.  This  bond  shall  be 
forfeited  to  the  State  and  the  certificate 
become  void  upon  proof  that  the  holder 
of  such  certificate  has  killed  any  bird 
or  taken  the  nest  or  eggs  of  any  bird  for 
other  than  the  purpose  named  in  sec- 
tions 6 and  13  of  this  Act,  and  shall  be 
further  subject  for  each  offense,  to  the 
penalties  provided  therefor  in  sections 
six  (6)  and  twelve  (12}  of  this  Act. 

§ 15.  The  certificates  authorized  by 
this  Act  shall  be  in  force  until  the  first 
day  of  June  next  succeeding  only  from 
the  date  of  their  issue  and  shall  not  be 
transferable. 

§ 16.  If  any  member  of  the  commis- 
sion, or  warden,  or  deputy,  has  reason 
to  believe,  or  does  believe  that  any  per- 
son or  corporation  has  in  his  or  their 
possession,  contrary  to  law,  any  game, 
deer,  wild  fowl  or  bird,  it  shall  be  the 
duty  of  such  commissioner,  warden  or 
deputy  to  go  before  any  justice  of  the 
peace  in  the  county  and  make  affidavit  to 
that  fact;  said  justice  shall  thereupon 
issue  asearchjwarrant  against theperson 
or  corporation  so  complained  of,  directed 
toany  constable  of  the  county,  command- 
ing him  to  proceed  at  once  and  search 
for  said  game,  deer,  wild  fowl  oi*  bird, 
and  upon  finding  the  same  to  seize  and 
take  possession  of  the  same  and  keep 
it  until  further  ordered  by  the  justice; 
said  constable  shall  also  read  said  war- 
rant to  the  owner  or  person  in  whose 


possession  said  game,  deer,  wild  fowl  or 
bird  is  found.  Said  warrant  shall  bf^ 
substantially  as  follows : 

State  of  Illinois,  / 

County.  ) 

To  Any  Constable  of  said  County.  Greet- 
ing: 

You  are  hereby  commanded  to  search 
(here  describe  place),  seize  and  take 
possession  of  and  hold  any  game,  deer, 
wild  fowl  or  bird  found  there.  And  you 
(here  name  owner  or  corporation  in 
whose  possession  game  is  found)  are 
hereby  notified  to  appear  before  me  at 
my  office  in  (here  locate  office)  on 
(here  state  time  of  trial)  and  show 
cause  why  the  game,  deer,  wild  fowl  or 
birds  should  not  be  sold  and  the  pro- 
ceeds thereof  distributed  as  required  by 
law. 

(Signature  of  Justice.) 

Justice  of  the  Peace 

(Date  of  warrant.) 

§ 17.  At  the  time  mentioned  in  said 
warrant  said  j ustice  shall  proceed  to  hear 
and  determine  whether  said  game,  deer, 
wild  fowl  or  bird  was  in  the  possession 
of  the  person  or  corporation  contrary  to 
law,  and  if  said  justice  finds  that  said 
game,  deer,  wild  fowl  or  bird  was  in  the 
possession  of  the  defendant  contrary  to 
law,  then  said  justice  shall  enter  judg- 
ment against  the  defendant  and  order  a 
sale  of  the  game,  deer,  wild  fowl  or  bird 
seized,  but  if  said  justice  shall  find  that 
the  possession  of  said  game,  deer,  wild 
fowl  or  bird  was  not  contrary  to  law 


27 


then  the  judgment  of  the  court  shall  be 
that  the  same  be  returned  to  the  person 
or  corporation  from  whom  the  same  was 
taken. 

§ 18.  In  case  of  a j udgment  and  order 
of  sale  as  specified  in  section  17,  then 
said  constable  shall  at  once  post  two 
notices,  one  at  the  justice’s  office  and 
one  at  the  place  of  sale,  specifying  in 
each  notice  time  and  place  of  sale — not 
less  than  five  hours  from  the  date  of 
judgment — also  a description  of  the 
game,  deer  or  wild  fowl  to  be  sold; 
said  place  of  sale  shall  be  upon  the 
principal  produce  street  or  market  of  the 
city;  said  constable  shall  at  the  time 
and  place  mentioned  in  said  notices  sell 
said  game,  deer,  wild  fowlorbird  at  pub- 
lic auction  to  the  highest  bidder  for 
cash,  and  at  once  pay  the  proceeds  of 
such  sale  into  the  justice’s  court;  said 
constable  shall  give  the  purchaser  a cer- 
tifice  of  purchase,  in  which  shall  be  a 
particular  description  of  the  game  sold, 
together  with  the  date  of  sale. 

§ 19.  Said  justice  shall,  as  soon  as 
the  proceeds  of  sale  are  paid  into  his 
court,  deduct  the  amount  of  his  cost,  to- 
gether with  the  constable’s  costs,  and 
pay  the  balance  into  the  State  treasury. 

§ 20.  Membersof  the  commission,  the 
wardens  and  deputy  wardens  shall  not 
be  liable  for  any  damage  or  costs  sus- 
tained by  any  person  or  corporation  by 
reason  of  the  wrongful  seizure  of  game, 
deer,  wild  fowl,  birds  or  fish  under  this, 
Act. 

§ 21.  For  the  purpose  of  preventing 

unauthorized  persons  from  killing  game 
and  birds,  no  person  or  persons  shall  at 


28 


any  time  hunt,  pursue  or  kill  with  gun, 
rabbits  or  any  of  the  wild  animals,  fowl 
or  birds  that  are  protected  during  any 
part  of  the  >ear  without  first  having 
procured  a license  so  to  do,  and  then 
only  during  the  respective  periods  of 
the  year  when  it  shall  be  lawful.  Said 
license  shall  be  procured  from  any 
county,  city  or  village  clerk  in  the 
following  manner,  to-wit:  The  appli- 
cant shall  fill  out  a blank  application  to 
be  furnished  by  the  commission  to  the 
clerk  of  each  county,  city  or  village 
stating  name,  age,  occupation  and  place 
of  residence  of  applicant,  place  of  birth, 
if  a naturalized  citizen,  the  date  of  the 
naturalization  papers  and  the  court  by 
which  issued,  if  a minor  born  beyond 
the  jurisdiction  of  the  United  States, 
the  date  of  the  naturalization  papers  of 
the  parent  or  parents  and  the  court  by 
which  issued  if  any;  the  fact  of  having 
declared  his  intention  of  becoming  a 
citizen  of  the  United  States,  with  the 
date  of  siich  declaration  and  the  court 
in  which  such  declaration  is  filed,  said 
application  shall  be  subscribed  and 
sworn  to  by  the  applicant  before  said 
county,  city  or  village  clerk,  and  any 
applicant  who  shall  wilfully  and  cor- 
ruptly swear  falsely  shall  be  deemed 
guilty  of  perjury  and  punished  accord- 
ingly, and  it  is  hereby  expressly  pro- 
vided that  if  said  county,  city  or  village 
clerk,  fails  to  administer  the  oath  as 
herein  provided  or  antedates  any  license, 
he  shall  be  subject  to  a fine  herein  pro- 
vided for  each  and  every  offense,  the 
same  to  be  recovered  in  any  court  of 
competent  jurisdiction.  And  saidappli- 


29 


cant,  if  a non-resident  of  the  State 
of  Illinois,  or  if  not  a citizen  of  the 
United  States  or  not  having  declared 
his  intention  of  becoming  a citizen  of 
the  United  States,  whether  a resident 
of  the  State  of  Illinois  or  not,  shall  pay 
to  the  county  clerk  the  sum  of  twenty- 
five  dollars  as  a license  fee,  together 
with  the  sum  of  fifty  cents  as  the  fee 
of  said  county  clerk  for  administering 
the  oath  to  the  applicant  and  issuing 
said  license;  and  if  a resident  of  the 
State  of  Illinois,  and  a citizen  of  the 
United  States,  shall  pay  to  the  county, 
city  orvillage  clerk,  the  sum  of  seventy- 
five  cents  as  a license  fee,  together  with 
the  sum  of  twenty-five  cents  as  the  fee 
of  said  county,  city  or  village  clerk  for 
admiinistering  the  oath  to  the  applicant 
and  issuing  said  license.  Said  license 
shall  bear  the  signature  of  the  com- 
mission and  the  seal  of  the  county,  city 
or  village  in  which  the  same  is  issued 
and  be  countersigned  by  the  said  clerk. 
And  such  licensee,  if  a non-resident,  is 
hereby  authorized  to  take  from  the 
State  not  to  exceed  in  the  aggregate 
fifty  birds  of  all  kinds  killed  by  him- 
self or  herself  which  shall  be  carried 
openly  for  inspection,  together  with  his 
or  her  license.  The  number  of  game 
birds  or  animals  that  may  be  killed  in 
any  one  day  by  one  person  is  hereby 
limited  to  fifteen  ducks,  ten  geese,  ten 
brant,  fifteen  coots,  fifteen  rails,  or  other 
water  fowl.  The  number  of  the  Lim- 
icolaeor  shore  birds  that  may  be  killed 
by  one  person  in  one  day  is  hereby  lim-- 
ited  to  fifteen,  and  fifteen  game  birds 
of  any  other  kind,  except  Bobwhite  quail. 


30 


ruffed  grouse  (partridge),  pinnated 
grouse  (prairie  chicken.)  Mexican  blue 
quail,  California  valley  quail,  California 
mountain  quail,  wild  turkey,  or  any  kind 
of  pheasants.  The  number  of  mourning 
doves  and  squirrels  that  may  be  killed 
in  any  one  day  by  one  person  is  hereby 
limited  to  fifteen. 

Every  license  issued  shall  be  signed 
by  the  licensee  in  ink, and  as  aforesaid, 
shall  entitle  the  person  to  whom  issued 
to  hunt,  pursue  and  kill  game  within 
the  State  at  any  time  when  it  shall  be 
lawful  to  hunt,  pursue  and  kill  such 
game  ,and  no  person  to  whom  a license 
hasbeen  issued  shall  be  entitled  to  hunt, 
pursue  or  kill  game^or  rabbits  in  this 
State  without  at  the  time  of  such  hunt- 
ing, pursuing  and  killing  of  game  he  or 
she  shall  have  such  license  in  his  or  her 
name  and  upon  his  or  her  person  ready 
to  exhibit  the  same  for  inspection,,  and 
such  license  shall  be  void,  after  the  1st 
day  of  June  next  succeeding  its  issue: 
Provided,  that  the  owner  or  owners  of 
farm  lands,  their  children  (if  residents 
of  the  State,)  or  tenants  shall  have  the 
right  to  hunt  and  kill  gamie  on  the  farm 
lands  of  which  he  or  they  are  the  bono 
fide  owners  or  tenants  during  the  sea- 
son when  it  is  lawful  to  kill  game  with- 
out procuring  such  residence  license. 

Any  person  found  guilty  of  violating 
any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a misdem.eanor 
and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  twenty* 
five  dollars  nor  more  than  fifty  dollars 
for  each  and  every  offence  and  shall 


31 


stand  committed  to  the  county  jail  until 
such  fine  and  costs  are  paid,  but  such 
imprisonment  shall  not  exceed  thirty 
days  for  each  offence;  or  such  person 
may  be  proceeded  against  in  an  action 
of  debt  in  the  namie  of  the  People  of 
the  State  of  Illinois  for  the  recovery  of 
the  penalty  herein  prescribed. 

§ 22.  It  shall  be  unlawful  for  any 
person  to  fish  in  any  waters  under  the 
jurisdiction  of  this  State  with  seine,  dip 
net,  gill  net  or  pound  net,  without  first 
obtaining  a license  so  to  do : Provided, 
that  the  owner  or  owners,  their  children 
(if  residents  of  this  State),  or  the  ten- 
ants  of  any  land  on  which  there  is  any 
lake,  pond,  slough  or  other  water, 
wholly  within  the  premises  so  owned 
or  controlled  and  not  connected  with 
any  open  stream  or  extending  beyond 
their  jurisdiction,  may  take,  catch,  or 
kill  any  fish  in  the  manner  prescribed 
by  law  without  procuring  such  a license. 
Each  residence  of  this  State  shall  pay 
for  each  license  the  following  amounts, 
respectively: 

(a)  For  each  one  hundred  yards  of 
seine,  or  less  (except  minnow  seines), 
five  (5)  dollars. 

;b)  For  each  dip  net,  twenty«=five 
(25)  cents. 

(c)  For  each  steam  tug  used  in  ope- 
rating gill  nets  or  pound  nets,  twenty- 
five  ($25)  dollars. 

(d)  For  each  gasoline  launch  used  in 
operating  gill  nets  or  pound  nets,  fifteen 

($15)  dollars. 

(e)  For  each  sail  boat,  or  row  boat 
used  in  operating  gill  nets  or  pound  nets, 
ten  ($10)  dollars. 


32 


Each  non«residence  of  this  State  shall 
pay  for  each  such  license  the  following 
amounts  respectively : 

(a)  For  each  one  hundred  yards  of 
seine  or  less  (except  minnow  seines,) 
ten  ($10)  dollars. 

(b^  For  each  dip  net,  one  (1)  dollar. 

(c)  For  each  hoop  or  fyke  net,  one 

(1)  dollar. 

(dj  For  each  steam  tug  used  in  ope- 
rating gill  nets  or  pounds  nets,  two  hun= 
dred  ($200  j dollars. 

(e)  For  each  gasoline  launch  used  in 
operating  gill  nets  or  pound  nets,  fifty 
($50)  dollars. 

(f)  For  each  sail  boat  or  row  boat 
used  in  operating  gill  nets  or  pound  net, 
thirty  ($30)  dollars.  No  license  issued 
under  the  provisions  of  this  section 
shall  be  transferred. 

§ 23.  Each  county,  city  or  village 
clerk  is  hereby  authorized  and  em= 
powered  to  issue  all  licenses  referred 
to  in  the  preceding  section  of  this  Act 
upon  the  payment  to  such  clerk  of  the 
amount  of  the  license  fee  prescribed  in 
the  foregoing  section,  together  with  the 
sumi  of  twenty=five  25)  cents  as  the 
fee  of  such  clerk.  It  shall  be  the  duty 
of  such  clerk  to  issue  to  such  applicant 
a license,  bearing  the  signature  of  the 
commission,  sealed  with  the  seal  of  the 
county,  city  or  village  clerk,  as  the  case 
may  be,  dated  on  the  day  of  the  issuance 
thereof  and  countersigned  by  said  clerk. 
At  the  time  the  said  payment  is  made 
the  person  making  such  payment  shall 
receive  from  the  clerk  a metal  tag, 
which  shall  be  of  uniform  style  and 


33 


pattern,  to  be  prescribed  and  furnished 
to  the  clerk  by  the  commission.  Such 
metal  tag  shall  be  attached  to  said  de» 
vices  or  boats,  in  such  a manner  as  to 

be  at  all  times  exposed  to  public  view. 

§ 24.  It  shall  be  unlawful  for  any 
person  to  ship  any  fish  caught  in  any  of 
the  waters  under  the  jurisdiction  of  this 
State,  or  to  conduct  a fish  market  for  the 
purpose  of  buying  and  selling  and  ship= 
ing  such  fish,  or  as  a wholesale  dealer 
to  buy  and  sell  any  fish  caught  or  taken 
in  the  waters  underthe  jurisdiction  of 
this  State  without  procuring  a license  so 
to  do.  Such  license  m.ay  be  procured 
fromi  the  city,  village  or  county  clerk 
upon  the  payment  to  such  city,  village 
or  county  clerk  of  a license  fee  of  ten 
(10)  dollars,  together  with  the  sum  of 
fifty  (50)  cents  as  the  fee  of  the  clerk 
issuing  such  license.  Such  license  shall 
be  signed,  sealed  and  authenticated  as 
other  licenses  required  by  this  Act. 
Each  license  issued  under  the  provisions 
of  this  section  shall  entitle  the  person 
named  therein  to  ship  any  fish  authorized 
under  this  Act  to  be  sold  and  shipped 
which  are  caught  in  the  waters  under  the 
jurisdiction  of  this  State  during  the  time 
when  it  is  lawful  to  catch  such  fish  and 
to  conduct  a fish  market  for  the  purpose 
of  buying  and  selling  for  shipment  fish 
authorized  under  this  Act  to  be  bought 
and  sold  and  which  were  caught  in  the 
waters  under  the  jurisdiction  of  this 
State  during  the  time  when  it  is  lawful 
to  catch  such  fish,  and  to  buy  and  sell 
:»acii  iiBri  as  a wholesale  dealer,  until  the 
first  day  of  May  next  following  its  issu- 
ance, and  no  license  shall  be  transferred. 


34 


All  licenses  granted  under  this  section 
shall  expire  on  the  first  day  of  May  of 
each  year. 

It  shall  be  unlawful  for  any  railroad 
company,  express  company,  steamboat 
company,  or  common  carrier,  to  receive 
from  any  person  engaged  in  the  business 
of  buying,  selling  and  shipping  fish  as 
herein  provided,  any  fish  caught  in  the 
waters  under  the  jurisdiction  of  this 
State  for  shipment  unless  the  person  so 
tendering  such  fish  for  shipment  has 
obtained  a license  authorizing  such  per- 
son to  ship  fish  in  accordance  with  the 
provisions  of  this  section. 

All  fish  found  in  the  possession  of  the 
holder  of  such  license  which  are  of  il» 
legal  kinds,  sizes,  or  weights,  are  hereby 
declared  to  be  contraband,  and  may  be 
seized  and  disposed  of  by  any  member  of 
the  commission,  any  warden  or  deputy 
warden. 

§ 25.  The  commission  shall  have 
power  and  authority  to  set  aside,  at  its 
discretion,  such  waters  within  the  jurist 
diction  of  this  State  as  they  may  judge 
best  as  State  Fish  Preserves,  in  which 
it  shall  be  unlawful  to  fish  with  any  de> 
vice  except  hand  line  or  rod  and  line. 
The  commission  shall  post  such  waters 
at  the  outlet,  and  at  highway  crossings 
of  the  same,  by  conspicuous  notice,  and 
shall  publish  such  notice  once  in  a news- 
paper published  in  each  of  the  counties 
in  which  such  waters  are  located. 

Any  person  taking,  catching  or  killing, 
or  attempting  to  take,  catch  or  kill,  any 
fish  with  any  device  or  by  any  method, 
except  hand  line  or  rod  and  line  in  any 
waters  set  apart  under  the  provisions  of 


35 


this  section,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof 
shall  be  sentenced,  for  the  first  offense, 
to  pay  a fine  of  not  less  than  fifty  (50) 
dollars,  nor  more  than  one  hundred 
(100)  dollars,  and  for  the  second  offense 
shall  be  fined  not  less  than  one  hundred 
(100)  dollars  nor  more  than  two  hundred 
(200)  dollars;  and  in  either  case  shall 
stand  committed  to  the  county  jail,  there 
to  remain  until  such  fine  and  costs  are 
fully  paid. 

§ 26.  All  license  fees  collected  by  the 
several  city,  village  and  county  clerks  in 
this  State  under  the  provisions  of  this 
Act  shall  be  paid  into  the  State  treasury 
at  the  end  of  each  calendar  month. 

§•  27.  Any  person  who  shall  at  any 
time  alter  or  change  in  any  material 
manner,  or  loan  or  transfer  to  another, 
any  license  issued  as  aforesaid,  shall  be 
deemed  guilty  of  forgery,  and  on  con- 
viction thereof  shall  be  subject  to  the 
penalties  provided  for  the  commission  of 
forgery. 

§ 28.  All  prosecutions  for  the  viola* 
tion  of  the  provisions  of  this  Act  relating 
to  license  shall  be  brought  by  any  person 
in  the  name  of  the  People  of  the  State 
of  Illinois  against  any  person  or  persons 
violating  any  of  the  provisions  of  this 
Act  so  far  as  it  relates  to  licenses,  before 
any  court  of  competent  jurisdiction;  and 
it  is  hereby  made  the  duty  of  all  State’s 
attorneys  to  see  that  the  provisions  of 
this  Act  are  enforced  in  their  respective 
counties  and  they  shall  prosecute  all 
offenders  on  receiving  information  of  the 
violation  of  any  of  the  provisions  of  this 
Act.  and  it  is  made  the  duty  of  all  sher» 


36 


iffs,  deputy  sheriffs,  constables  and  po- 
lice officers  to  inform  against  all  persons 
whom  there  is  reasonable  cause  to  be- 
lieve are  guilty  of  violating  any  of  the 
provisions  of  this  Act,  the  amount  recov- 
ered in  any  penal  action  under  this  Act 
in  so  far  as  relates  to  licendes,  shall  be 
by  the  magistrate  or  court  before  whom 
the  case  is  tried  at  once  transmitted  to 
the  State  Treasurer. 

§ 29.  It  shall  be  unlawful  for  any  per- 
son or  persons  to  hunt  with  gun  or  dog, 
or  allow  their  dogs  to  hunt  within  or 
upon  the  lands  or  premises  of  another, 
or  uponthewaters  flowing  overor  stand- 
ing on  said  lands  or  premises,  without 
first  obtaining  from  the  owner,  agent,  or 
occupant  of  said  lands  or  premises,  his, 
her  or  their  permission  so  to  do. 

§ 30.  Any  person  or  persons  violating 
section  29  of  tbis  Act  shall  be  deemed 
guilty  of  a misdemeanor,  and  shall,  up- 
on conviction,  forfeit  his  license  and 
may  be  prosecuted  in  the  name  of  the 
Peopleof  the  State  of  Illinois  before  any 
justice  of  the  peace  or  by  indictment  or 
information  in  any  court  in  any  county : 
Proinded,  that  in  all  such  prosecutions 
the  owner  or  owners  or  person  in  pos- 
session of  said  grounds  or  lands  shall 
not  be  required  to  prove  title  to  the 
grounds  or  lands  in  controversy. 

§ 31.  Any  person  convicted  of  violat- 
ing section  29  of  this  Act  shall  be  fined 
in  a sum  of  not  less  than  five  dollars 
($5.00) , and  not  to  exceed fiif teen  dollars 
($15.00),  and  shall  stand  committed  to 
the  county  jail  until  such  fine  and  costs 
are  fully  paid. 


3? 


§ 32.  That  the  ownership  of  and  title 
to  all  fish  in  any  waters  within  thejuris- 
diction  of  this  State  is  hereby  declared 
to  be  in  the  State  and  no  fish  shall  be 
caught,  taken  or  killed  in  any  manner  or 
at  anytime  except  the  persons  so  catch- 
ing, taking  or  killing  such  fish  shall  con= 
sent  that  the  title  to  said  fish  shall  be 
and  remain  in  the  State  for  the  purpose 
of  regulating  the  possession,  use,  sale 
or  transportation  thereof  after  such 
taking,  catching  or  killing. 

§ 33.  It  shall  be  unlawful  for  any  per- 
son to  catch,  take  or  kill,  or  attempt  to 
catch,  take  or  kill,  any  fish  in  any  of 
the  lakes,  rivers,  creeks,  sloughs,  bayous 
or  other  waters,  or  water  courses 
within  the  jurisdiction  of  this  State,  ex= 
cept  subject  to  the  restrictions  and  by 
the  means  and  devices,  and  at  the  time 
prescribed  by  this  Act. 

§ 34.  Fish  of  legal  size  or  weight,  as 
hereafter  prescribed,  may  be  caught, 
taken  or  killed  with  hook  and  line  at 
any  time.  Frogs  shall  not  be  caught, 
taken  or  killed  within  the  jurisdiction 
of  this  State  by  any  means  whatsoever, 
during  the  months  of  May  and  June  of 
each  year. 

§ 35.  It  shall  be  lawful  to  catch  and 
take  all  kinds  of  fish  (except  black  bass, 
pike,  pickerel,  pike  perch  (commonly 
known  as  jack  or  yellow  salmon) , white 
fish,  trout,  chubs,  long  jaws,  black  fins, 
lake  perch  and  herring,  with  hoop  or 
fyke  nets,  dip  nets,  baskets,  or  with 
seines,  the  meshes  of  which  are  not  less 
than  one  and  one=half  inches  square  and 
which  do  not  exceed  6oo  yards  in  length, 
between  the  first  day  of  July  of  any  year 


and  the  flnt  day  of  May  of  the  nexi 
succeeding  year. 

§ 36.  White  fish  and  trout  may  be 
caught  and  taken  only  with  gill  nets  and 
with  pound  nets  the  meshes  of  which  are 
not  less  than  two  and  one=quarter  inches 
square,  between  the  first  day  of  Decem- 
ber of  any  year  and  the  first  day  of 
November  of  the  next  succeeding  year. 

Only  chubs,  long  jaws,  black  fins,  her- 
ring and  lake  perch  may  be  caught  and 
taken  with  gill  nets,  dip  nets,  and  with 
pound  nets,  the  meshes  of  which  are  not 
less  than  one  and  one=quarter  inches 
square:  Provided,  it  can  be  sh-own  that 
not  over  ten  per  cent  of  the  entire  catch 
taken  in  such  nets  at  any  one  lift  shall 
consist  of  trout  of  a less  weight  than 
one  and  one=quarter  pounds,  dressed, 
each,  and  provided  that  such  trout  so 
caught  or  taken  may  be  sold  at,  but  shall 
not  be  shipped  from  the  place  where  such 
trout  were  caught  or  taken. 

§ 37.  It  shall  be  lawful  to  catch  or 
take  minnows  for  bait  only  by  use  of 
minnow  seines  or  traps,  the  meshes  of 
which  shall  not  be  less  than  one=fourth 
of  an  inch  square  nor  shall  the  length  of 
any  minnow  seine  be  more  than  fifty 
(50)  feet:  Provided,  however,  ihsii  hny 
person  so  fishing  for  minnows  for  bail 
in  the  mianner  prescribed,  shall  at  once 
return  to  the  water  uninjured  all  fish  of 
whatever  size  or  length,  except  such  as 
are  commonly  known  as  minnows. 

§ 38.  It  shall  be  lawful  for  the  com- 
mission, or  for  any  duly  authorized  of- 
ficial of  tbe  United  States,  or  persons 
authorized  by  them,  to  catch  and  take 
hsh  in  any  way  at  any  time  and  at  such 


‘ 3» 


places  as  they  may  deem  best  for  the 
purpose  of  propagation,  distribution,  or 
the  destruction  of  objectionable  fish,  and 
for  the  Universityof  Illinois  or  its  agents 
to  do  likewise  for  scientific  purposes. 

§ 39.  No  hoop,  or  fyke  net,  gill  net  or 
pound  net  or  seines  shall  be  more  than 
600  yards  in  length  or  shall  be  set, 
placed  or  used  by  any  person  or  persons 
in  such  a manner  as  to  obstruct  more 
than  one=haIf  of  the  width  of  any  stream, 
river,  lake,  slough,  bayou,  or  other  water 
course  within  the  jurisdiction  of  this 
State.  All  gill  nets  and  pound  nets  shall 
be  set  and  lifted  only  by  the  use  of  a tug, 
launch,  sail  boat  or  row  boat  licensed  as 
herein  provided. 

§ 40.  Every  person  wh>o  shall  at  any 
time  catch,  take  or  kill,  or  attem'pt  to 
take,  catch  or  kill,  any  fish  in  any  of  the 
rivers,  lakes,  ponds,  creeks,  streams,  ca» 
nals,  sloughs,  bayous  or  other  waters  or 
water  courses  wholly  or  in  part  within 
the  jurisdiction  of  this  State  by  the  use 
of  lime,  acid,  medical,  chemical  or  me- 
chanical compound  or  dope  of  any  medi- 
cated drug  or  any  cocculus  inducus  or 
fish  berry,  or  any  dynamite,  or  giant 
powder,  nitro=glycerine  or  other  explo- 
sive, of  any  kind  of  firearms,  or  by  the 
use  of  jack  or  artificial  light  of  any  kind, 
or  with  snare,  spear,  gig  or  graines,  shall 
be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  shall  be  fined  not  less 
than  one  hundred  (100)  dollars,  nor 
miore  than  two  hundred  (200)  dollars 
or  punished  by  imprisonment  in  the 
county  jail  not  less  than  six  months,  or 
by  both  fine  and  imprisonment,  at  thp 
discretion  of  the  court. 


40 


Nothing  in  this  section  shall  be  con- 
strued to  forbid  the  use  of  an  ordinary 
lamp  or  lantern  strictly  for  illuminating 
purposes  and  not  for  the  purpose  of 
“shining,”  luring  or  attracting  fish. 

It  shall  be  unlawful  for  any  person 
to  catch,  take  or  kill,  or  attempt  to 
catch,  take  or  kill,  in  any  manner  or  by 
any  means  whatsoever,  any  fish  in, 
upon,  or  from  any  water  in  any  quarry, 
quarry  hole,  natural  or  artificial  lake, 
fish  pond  or  reservoir,  or  other  artificial 
or  natural  depression  upon  the  premises 
of  any  other  person  within  the  jurisdic- 
tion of  this  State,  without  the  consent 
in  writing  of  the  owner  or  person  in 
charge  thereof. 

§ 40a.  It  shall  be  unlawful  for  any 
person  to  have,  erect  or  use,  while  fish- 
ing on  or  through  the  ice,  any  house, 
shed,  tent  or  shanty,  or  other  structure 
so  constructed  as  to  wholly  or  in  part 
exclude  the  daylight  or  which  may  be 
used  for  the  purpose  of  concealment. 

Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a 
fine  of  not  less  than  twenty=five  (25) 
dollarsnormore  than  two  hundred  (200) 
dollars,  and  costs,  and  shall  stand  com- 
mitted to  the  county  jail  until  such  fine 
and  costs  are  fully  paid. 

§ 41.  It  shall  be  unlawful  to  catch, 
take  or  kill  by  any  means  or  device 
whatsoever,  or  to  sell  or  offer  for  sale, 
or  have  in  possession  any  of  the  follow- 
ing named  fish  mentioned  below  which 
are  less  than  the  length  mentioned  for 
each : 


41 


Black  bass,  eleven  inches. 

Pike  or  pickerel,  eighteen  inches. 

White  or  striped  bass,  eight  inches. 

Rock  bass,  six  inches. 

Crappie,  eight  inches. 

Yellow  or  ringed  perch,  seven  inches. 

Pike  perch  or  wall=eyed  pike,  thirteen 
inches. 

Provided,  that  if  any  such  undersized 
fish  is  taken,  the  person  taking  it  shall 
immediately  return  it  to  the  waters 
from  which  it  was  taken,  without  un- 
necessary injury  to  such  fish. 

Provided,  further,  that  it  shall  be  un- 
lawful, at  any  time,  to  sell,  or  offer  or 
expose  for  sale,  or  have  in  possession 
for  the  purpose  of  selling,  any  black 
bass,  pike,  pickerel,  or  pike  perch  (com- 
monly known  as  walk-eyed  pike,  jack  or 
yellow  salmon) , caught,  taken  or  killed 
in  waters  within  the  jurisdiction  of 
this  State:  And  provided,  also,  that 

black  bass,  pike,  pickerel  and  pike  perch 
(commonly  known  as  wall-eyed  pike, 
jack  or  yellow  salmon) , may  be  caught, 
taken  or  killed  only  with  line  held  in 
hand,  or  attached  to  a rod,  with  or  with- 
out reel  attached  held  in  the  hand. 

§ 42.  It  shall  be  unlawful  to  catch, 
take  or  kill  by  any  means  or  device 
whatsoever,  or  to  sell  or  offer  for  sale, 
or  have  in  possession  (unless  caught 
with  hook  and  line)  any  of  the  follow- 
ing named  fish  mentioned  below,  which 
are  less  than  the  weight  or  length 
mentioned  for  each  : 

Lake  perch,  seven  inches. 

Buffalo,  twelve  inches. 

German  carp,  twelve  inches. 

Sunfish,  six  inches. 


42 


Blu«  or  channel  catfish,  thirteen 
inches. 

WhitefishyOneand  one«°quarter  pounds, 
dressed. 

Lake  trout,  one  and  one^quarter 
pounds,  dressed. 

White  perch,  ten  inches. 

Bullhead  cat,  seven  inches. 

Turtle  or  terrapin,  seven  inch  shell. 

The  possession  by  any  person  of  an> 
fish  under*  the  size  or  weight  prescribed 
in  this  section,  except  as  hereinbefore 
provided  for,  shall  be  prima  facie  evi- 
dence  that  such  fish  were  the  property 
of  the  State  of  Illinois  at  the  time  they 
were  caught,  taken  and  killed,  and  that 
such  fish  were  caught,  taken  and  killed, 
in  this  State.  Any  person  receiving  in 
due  course  of  business  any  fish  less  than 
the  weight  or  size  prescribed  in  this 
section,  shall  immediately  upon  receipt 
of  such  fish,  notify  the  commission,  a 
warden  or  deputy  warden  of  such  fact. 
Upon  receipt  of  such  notice  it  shall  be 
the  duty  of  the  commission,  the  war» 
den,  or  deputy  warden,  as  the  case  may 
be,  to  seize  same  and  donate  such  fish 
to  some  public  or  charitable  institution. 

§ 43.  It  shall  be  unlawful  at  any 
time  to  transport,  or  ship  any  black 
bass,  pike,  pickerel,  or  pike  perch  (com- 
monly known  as  wall=eyed  pike,  jack  or 
yellow  salmon)  caught  in  waters  under 
the  jurisdiction  of  this  State  ;i  Provided, 
that  any  person  may  carry  with  him,  or 
transport  as  baggage  on  any  train  or 
conveyance  for  which  he  has  purchased 
a transportation  ticket,  one  package 
and  no  more,  at  any  time,  and  during 
any  one  day,  containing  not  more  than 


43 


twenty-five  pounds  of  black  bass,  pike, 
pickerel  and  pike  perch  (commonly 
known  as  wall-eyed  pike,  jack  or  yellow 
salmon),  le^^ally  caught  and  taken  in  the 
waters  under  the  jurisdiction  of  this 
State:  Provided,  that  such  package, 

when  offered  as  baggage,  shall  be  plain- 
ly labeled  so  as  to  show  the  name  of  the 
person  offering  the  same  for  transporta- 
tion, the  place  to  which  it  is  to  be 
transported  and  the  number  of  fish  of 
each  kind  contained  therein,  and  the 
number  of  the  license  of  the  person 
offering  such  fish  for  transportation,  if 
any  such  license  is  required. 

§ 44.  It  shall  be  unlawful  to  sell  or 
ship,  offer  for  sale  or  shipment,  or  re- 
ceive for  shipment,  from  and  including 
the  first  day  of  May  to  and  including 
the  thirtieth  day  of  June  of  each  year, 
any  fish  or  frogs  caught  in  any  of  the 
waters  under  the  jurisdiction  of  this 
State  : Provided,  that  white  fish,  trout, 

long  jaws,  chubs,  black  fins,  herring  and 
lake  perch  of  lawful  size  may  be  sold  or 
shipped,  offered  for  sale  or  shipment, 
or  received  for  shipment,  at  any  time: 
Provided,  further,  that  black  bass, 
pickerel,  pike,  or  pike  perch  (commonly 
known  as  wall-eyed  pike,  jack  or  yel- 
low salmon),  lawfully  caught  in  waters 
under  the  jurisdiction  of  this  State, 
may  be  lawfully  transported  as  baggage 
and  as  provided  for  in  Section  43,  from 
the  nth  day  of  June  of  any  year  to  the 
31st  day  of  March  (both  inclusive),  of 
the  succeeding  year. 

The  possession  of  any  such  fish,  or 
shipment  of  fish  or  in  transit  shall  be 
prima  facio  evidence  of  a violation  of 


44 


this  section  : Provided,  that  the  provi- 

sions  of  this  section  shall  not  apply  to 
the  transportation  of  fish  into  or 
through  this  State  or  out  of  it  by  the 
commission,  or  the  duly  authorized  re= 
presentative  of  any  other  state,  or  of 
the  United  States:  Provided,  further, 
that  there  shall  be  allowed  five  days 
after  the  close  of  the  fishing  season  to 
dispose  of  or  to  ship  all  fish  legally 
caught  and  taken  previous  to  the  close 
of  the  fishing  season. 

§ 45.  It  shall  be  unlawful  for  any 
railroad  company,  express  company,  or 
common  carrier,  to  ship  or  transport,  or 
receive  for  shipment  or  transportation  or 
to  have  in  possession  for  the  purpose  of 
shipment  to  any  point  either  within  or, 
without  this  State,  any  box,  barrel,  crate, 
or  other  receptacle  containing  fish,  unless 
such  box,  barrel,  crate,  or  othe;  recep= 
tacle  shall  have  firmly  fixed  and  attached 
thereto  a tag  on  which  shall  be  printed 
or  written,  or  party  printed  and 
partly  written,  information  stating  the 
different  varieties  of  fish  contained  in 
each  box,  barrel,  crate,  or  other  recep= 
tacle,  the  name  and  place  of  business  of 
the  consignor,  the  number  of  the  license 
of  the  consignor  whenever  such  license 
is  required  and  the  name  and  place  of 
business  of  the  consignee. 

§ 46.  It  shall  be  the  duty  of  the  com= 
mission  to  select  suitable  locations  for 
State  fish  hatching  and  breeding  estab= 
lishments,  take  all  measures  within  their 
means  for  propagation  and  increase  of 
the  native  food  fishes  and  also  for  the 
introduction  of  new  varieties  of  food 


45 


fishes  into  the  waters  of  the  State  upon 
the  best  terms  possible  to  employ  a 
practical  and  competent  fish  culturist 
who  shall  perform  all  such  duties  as  the 
commission  shall  direct. 

§ 47.  It  shall  be  the  duty  of  any 
member  of  the  commission,  any  warden, 
deputy  warden,  constable  and  sheriff  to 
summarily  seize  and  take  possession  of 
any  device  for  taking  or  killing  fish 
herein  declared  to  be  unlawful  and  the 
use  of  which  is  prohibited;  he  shall 
thereupon  report  such  seizure  to  the 
State’s  attorney  and  deliver  such  device 
to  the  sheriff,  who  shall  forthwith  file 
in  the  office  of  the  county  clerk  or  cir= 
cuit  clerk  an  information  in  the  name 
of  the  People  of  the  State  of  Illinois, 
against  alleged  owner  or  owners  thereof, 
of  facts  of  the  seizure  and  unlawful 
character  of  the  device;  whereupon  it 
shall  be  the  duty  of  the  clerk  of  the 
county  or  circuit  court  to  immediately 
issue  two  writs  of  summons  in  the  name 
of  the  People  of  the  State  against  such 
alleged  owner  or  owners;  or  if  the 
owner  or  owners  be  unknown,  against 
the  unknown  owner  or  owners  thereof 
and  shall  deliver  one  summons  to  the 
sheriff,  to  be  served,  and  returned  in 
the  same  manner  as  a summons  at  law 
is  served,  and  shall  post  one  summons  in 
a conspicuous  place  at  the  court  house 
door  in  such  county,  and  shall  docket 
such  case  with  the  criminal  cases  of 
such  court;  and  upon  the  expiration  of 
ten  days  after  the  posting  of  such  notice, 
the  circuit  or  county  court  of  such 
county,  if  then  in  session  or  when  next 
in  session  thereafter,  shall  have  full 


46 


jurisdiction  thereof  upon  the  clerk’s 
certificate  that  he  posted  the  notice 
therein  required,  of  the  sheriff’s  return 
of  summons  served,  or  both,  and  shall 
proceed  to  a trial  of  said  case;  and  if 
no  plea  denying  the  information  be 
filed  therein,  the  court  shall  take  the 
information  as  prima  facie  evidence  to 
support  a judgment  therein,  shall  enter 
an  order  that  the  device  subject  of  the 
information  be  condemned,  and  that, 
upon  the  expiration  of  twenty  days 
after  the  last  day  of  that  term  of  court, 
such  condemned  device  be  sold  or  de= 
stroyed  as  hereinafter  provided, 
which  order  shall  be  certified  to  the 
sheriff  by  the  clerk  and  be  by  such 
sheriff  returned,  with  the  manner  of  its 
execution;  and  if  a plea  be  entered  in 
said  case,  the  court  shall  proceed  to 
determine  whether  such  device  be  un= 
lawful  and  its  use  prohibited  by  this 
Act  as  in  other  cases  without  a jury 
unless  demanded;  and  shall  enter  judg= 
ment  of  restitution  or  condemnation 
accordingly,  and  no  recovery  by  the 
owner  or  owners  or  other  persons  for 
the  value  of  such  property  so  seized  and 
destroyed  in  conformity  with  this  Act 
shall  be  maintained:!  Provided,  how- 
ever, that  such  seine  or  nets  so  seized, 
the  meshes  of  which  are  of  legal  size, 
shall  be  sold  by  the  sheriff  and  the  pro= 
ceeds  thereof  be  paid  forthwith  into 
the  State  treasury:  And,  provided, 

further,  that  any  device  for  taking  or 
killing  fish  herein  declared  to  be  unlaw- 
ful and  its  use  prohibited  which  shall 
have  been  seized  as  aforesaid,  shall,  by 
order  of  court,  be  destroyed. 


47 


Appeals  and  writ  of  error  shall  lie 
from  the  judgment  of  the  court  in  the 
premises  as  in  other  cases. 

§ 48.  All  fish  caught,  taken,  killed, 
shipped  or  had  in  possession  or  under 
control  contrary  to  any  of  the  provisions 
of  this  Act  are  hereby  declared  to  be 
contraband,  and  it  shall  be  the  duty  of 
the  commission  to  seize  and  dispose  of 
any  and  all  fish  shipped  or  had  in  pos= 
session  by  any  person  in  violation  of 
this  Act. 

§ 49.  That  it  shall  be  the  duty  of 
any  person  or  persons  who  now  own  or 
control,  or  hereafter  may  erect  or  con= 
trol  any  dam  or  other  obstruction  across 
any  of  the  rivers,  creeks,  streams, 
bayous  or  other  water  courses  wholly 
within  or  running  through  this  State  in 
such  manner  as  shall  obstruct  the  free 
passage  of  fish  up  and  down  or  through 
such  water  or  water  courses,  to  place 
or  cause  to  be  erected  in  or  in  connec= 
tion  with  such  dam  or  dams,  durable 
and  efficient  fishways,  SO  that  the  free 
passage  of  fish  up  and  down  said  waters 
may  not  be  obstructed.  All  such  fish= 
ways  shall  be  maintained  and  kept  in 
good  repair  by  the  person  or  persons 
so  owning  or  controlling  such  dam  or 
other  obstruction,  during  the  whole 
time  of  the  existence  of  such  dam  or 
other  obstruction,  as  aforesaid,  so  that 
said  fish=way  shall  at  all  times  be  open 
and  free  from  obstruction  for  the 
passage  of  fish. 

And  in  case  the  owner  or  person  con- 
trolling, operating  or  using  any  dam  or 
other  obstruction,  as  aforesaid,  shall 


48 


fail  or  refuse,  after  ten  days’  notice,  in 
writing,  by  the  President  of  the  com- 
mission to  construct  and  keep  in  good 
repair  durable  and  efficient  fish-ways, 
as  provided  in  this  Act,  then  the  com- 
mission may  construct,  or  cause  to  be 
constructed,  durable  and  efficient  fish- 
ways, or  place  the  same  in  good  repair, 
said  work  to  be  let  by  contract  to  the 
lowest  responsible  bidder,  and  may  re= 
cover  in  any  action  of  debt  in  the  name 
of  the  People  of  the  State  of  Illinois,  be- 
fore any  justice  of  the  peace  or  court  of 
competent  jurisdiction  the  cost  of  con- 
structing or  repairing  such  fish-way. 
Any  person  or  persons  or  corporations 
owning  or  controlling  any  such  dam  or 
other  obstruction,  who  shall  fail  or  re- 
fuse to  comply  with  the  provisions  of 
this  section  with  respect  to  the  con- 
struction and  maintenance  in  good  repair 
of  such  fish-ways  in  any  such  dam,  after 
having  been  notified  in  writing  by  the 
commission  to  construct  or  repair  the 
same,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  for  each  and  every  twen- 
ty days  after  such  notification  that  such 
person  or  persons  shall  neglect  or  refuse 
to  comply  with  the  provisions  of  this 
section  in  erecting,  maintaining  andkeep- 
ing  in  good  repair  such  fish-ways,  he 
or  they  shall  be  subject  to  a penalty  of 
not  less  than  twenty-five  ($25)  nor  more 
than  two  hundred  ($200)  dollars. 

All  fish-ways  built  as  provided  in  this 
Act,  if  constructed  to  the  satisfaction 
and  approval  of  the  commission,  then 
every  owner  or  person  controlling  such 
dam  or  other  obstructions  as  provided 
in  this  Act,  may  obtain  from  such  com- 


49 


mission  a certificate  that  such  fish-ways 
are  constructed  in  compliance  with  this 
Act,  which  certificate  shall  be  a full  pro- 
tection against  any  prosecution  for  vio- 
lation of  this  Act  for  not  providing  a 
fish-way.  Such  certificate  may  be  sus- 
pended at  any  time  by  the  commission 
when  such  fish-way  is  not  maintained 
or  repaired  as  herein  required.  If  such 
person  or  persons  so  owning  or  con- 
trolling any  such  dam  or  other  obstruc- 
tion shall  fail  to  construct  or  maintain 
such  fish-way  to  th<e  satisfaction  of  the 
commission,  then  it  shall  beprima  facie 
evidence  of  the  violation  of  this  Act: 
Provided,  that  no  owner  or  owners  of 
any  dam  or  dams  shall  be  required  by 
this  Act,  or  any  other  Act,  to  construct 
or  allow  the  construction  of  any  fish- 
way in  such  manner  as  to  endanger  the 
permanent  durability  of  such  dam  or 
dams,  or  to  impair  their  usefulness.  Nor 
shall  they  be  required  to  construct  or 
repair  such  fish-ways  by  using  some 
particular  patent  on  which  a patent 
fee  is  demanded,  or  to  construct  or  re- 
pair such  fish-way  when  high  water  or 
climatic  conditions  may  render  such  work 
impracticable.  The  commission  to  de- 
termine whether  or  not  such  fish-way 
will  endanger  the  permanent  durability 
of  such  dam,  or  impair  its  usefulness  as 
to  such  high  water  or  climatic  conditions, 
and  in  case  the  owner  or  owners  of  such 
dam  dissent  to  the  decision  of  such  com- 
mission, then  a board  of  arbitration  shall 
be  chosen  to  determine  such  matters: 
One  by  the  commission;  one  by  the  owner 
or  owners  of  such  dam,  and  the  two 
so  chosen  shall  select  a third  within 


50 


thirty  (30)  days  after  their  selection,  and 
if  not  so  selected  within  thirty  (30)  days, 
then  the  third  one  shall  be  selected  by 
the  Governor  of  the  State,  and  the  de= 
cision  of  such  arbitrators,  so  chosen, 
shall  be  final. 

§ 50.  Any  person  who  shall  falsely 
label  any  tag  attached  to  any  box,  bar= 
rel,  crate  or  other  receptacle  in  which 
fish  are  shipped,  as  required  by  this  Act, 
shall  be  deemed  guilty  of  a misdemean= 
or,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  exceeding  two  hun= 
dred  ($200)  dollars,  or  imprisonment  in 
the  county  jail  not  less  than  ten  (10) 
days  nor  more  than  ninety  (90j  days, 
in  the  discretion  of  the  court,  or  pun- 
ished by  both  such  fine  and  imprison* 
ment. 

§ 51.  The  word  “person”  when  used 
in  this  Act  shall  include  company,  part* 
nership,  association,  corporation  or  any 
agent,  or  employee  thereof.  The  term 
“objectional  fish”  as  used  in  this  Act 
shall  be  construed  to  mean  the  follow- 
ing : Gar  and  hickory  shad. 

§ 52.  in  the  enforcement  of  the  pro- 
visions of  this  Act  relating  to  fish  any 
member  of  the  commission  or  any  war* 
den  or  deputy  warden  shall  have  the  right 
to  inspect  and  examine  any  fish  wher- 
ever found  within  the  confines  of  the 
State  and  in  order  to  make  any  such 
inspection  or  examination  he  shall  have 
the  right  and  it  is  made  his  duty  to  open 
any  box,  barrel  or  other  package  or  con* 
tainer  wherein  he  has  cause  to  believe 
any  fish  are  contained  or  stored. 

§ 53.  Whoever  shall  resist  or  ob- 
struct any  member  Qi  the  commission, 


51 


any  warden  or  deputy  warden  in  the 
discharge  of  his  duties  under  the  pro- 
visions of  this  Act,  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  less 
than  twenty  ($20)  dollars  nor  more  than 
one  hundred  ($100)  dollars  for  each 
offense. 

§ 54.  Whenever  a license  shall  have 
been  issued  to  any  person  under  the 
provisions  of  this  Act  and  such  licensee 
shall  violate  any  of  the  provisions  of 
this  Act  the  license  so  issued  to  such 
person  shall  be  immediately  revoked  by 
the  commission. 

§ 55.  It  shall  be  unlawful  for  any 
person  or  persons  to  take  or  catch  by 
any  means  whatever,  in  any  of  the 

navigable  waters  within  the  jurisdiction 
of  this  State,  any  mussel,  fresh  water 
clam  or  shell  fish  from  the  first  day  of 
October  to  the  first  day  of  April  (both 
dates  inclusive)  of  each  succeeding  year. 

Any  person  violating  the  provisions  of 
this  section  shall  be  punished  by  a fine 
of  not  less  than  twenty=five  dollars 
($25),  and  not  more  than  one  hun= 
dred  dollars  ($100)  for  each  offense, 
or  imprisoned  in  the  county  jail  not  ex= 
ceeding  one  year,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of 
the  court. 

§ 56.  It  shall  be  unlawful  for  any 
non=resident  of  the  State  of  Illinois  to 

take  or  catch  mussel,  fresh  water  clam 
or  shell  fish,  or  attempt  to  take  or  catch 
mussel,  fresh  water  clam  or  shell  fish  in 
any  boat,  skiff,  row  boat,  flat  boat,  launch, 
or  other  water  craft  or  vessel  in  any  of 


52 


navigable  waters  within  the  jurisdiction 
of  this  State  unless  a license  for  such 
boat  skiff,  row  boat,  flat  boat  launch,  or 
other  water  craft  or  vessel  shall  have 
been  procured  therefor  as  hereinafter 
provided. 

Any  person  not  a resident  of  the  State 
of  Illinois  who  shall  take  or  catch  or 
attempt  to  take  or  catch  any  mussel, 
fresh  water  clam  or  shell  fish  in  any  boat, 
skifl,  row  boat,  flat  boat,  launch,  or 
other  water  craft  or  vessels  in  any  of  the 
navigable  waters  within  the  jurisdiction 
of  this  State,  without  a license  for  such 
boat,  skiff,  row  boat,  flat  boat,  launch, 
or  other  water  craft  or  vessel,  shall  be 
punished  by  a fine  of  not  less  than  fifty 
dollars  ,$50.00 ) nor  more  than  one  hun= 
dred  dollars  ^$100. 00)  or  imprisonment 
in  the  county  jail  not  exceeding  one  year 
or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court. 

§ 57.  It  shall  be  unlawful  for  any 
person  or  persons  to  take  or  catch  or 
attempt  to  take  or  catch  in  any  of  the 
navigable  waters  within  the  j urisdic- 
tion  of  this  State,  any  mussel,  fresh 
water  clam  or  shell  fish  in  any  boat,  skiff, 
row  boat,  flat  boat,  launch  or  other 
water  craft  or  vessel  having  more  than 
two  bars.  Each  such  bar  shall  not  ex= 
ceed  sixteen  feet  in  length,  and  the  space 
separating  the  hooks  thereon  shall  not 
be  less  than  four  inches. 

Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  pun- 
ished by  a fine  in  any  sum  not  exceeding 
one  hundred  dollars  ($100.00),  or  im- 
prisoned in  the  county  jail  not  exceed- 
ing one  year,  or  both  such  fine  and  im 


53 


prisonment  in  the  discretion  of  the  court. 

§ 58.  Any  person  not  a resident  of 
the  State  of  Illinois  desiring  to  take  or 
catch  in  any  of  the  navigable  waters 
within  the  jurisdiction  of  this  State, 
any  mussel,  fresh  water  clam  or  shell 
fish  by  means  of  any  boat,  skiff,  row= 
boat,  flat  boat,  launch,  or  other  water 
craft  or  vessel,  shall  first  obtain  a license 
for  each  boat,  skiff,  row  boat,  flat  boat, 
launch,  or  other  water  craft  or  vessels 
so  to  be  used  by  said  person,  not  a 
resident  of  the  State  of  Illinois.  The 
city  or  village  clerk  of  any  city  or  vill= 
age,  and  the  county  clerk  of  any  county 
are  hereby  authorized  and  empowered 
to  issue  such  license  and  for  each 
license  the  person  making  applica- 
tion therefor  shall  pay  the  sum  of 
fifty  dollars  ($50.00)  for  each  boat, 
skiff,  row  boat,  flat  boat,  launch  or  other 
water  craft  or  vessel  SO  to  be  used.  And 
eachcity  orvillageorcounty  clerk  issuing 
any  such  license  shall  be  entitled  to 
charge  and  receive  a fee  of  fifty  cents 
for  each  license  so  issued  by  him  to  be 
paid  by  the  party  applying  for  such  li= 
cense.  Said  license  fee  of  fifty  dollars 
above  provided  shall  be  paid  by  the  said 
clerk  to  the  State  Treasurer  at  the  end 
of  each  month. 

Such  license  shall  expire  on  the  first 
day  of  October  following  its  issuance. 

At  the  time  said  payment  is  made, 
the  person  making  the  same  shall  re- 
ceive from  the  commission  a metal  tag, 
which  shall  be  of  uniform  style  and 
pattern,  to  be  prescribed  by  the  com- 
mission, and  the  person  to  whom  the 
license  is  issued  shall  attach  in  a con- 


54 


spicuous  place  such  metal  tag  to  the 
boat,  skiff,  row  boat,  flat  boat,  launch 
or  other  craft  or  vessel  so  licensed. 

Any  person  not  a resident  of  the 
State  of  Illinois  who  shall  take  or 
catch  or  attempt  to  take  or  catch — in 
any  boat,  skiff,  row  boat,  flat  boat 
launch  or  other  water  craft  or 
vessel  in  any  of  the  navigable  waters 
within  the  jurisdiction  of  the  State 
(any  mussel,  fresh  water  clam  or  shell 
fish)  to  which  no  metal  tag  is  attached 
in  the  manner  herein  provided,  shall  be 
punished  by  a fine  of  not  less  than 
fifty  dollars  ($50),  nor  more  than  one 
hundred  dollars  ($100),  or  imprison= 
ment  in  the  county  jail  not  exceeding 
one  year  or  by  both  such  fine  and  im» 
prisonment,  in  the  discretion  of  the 
court. 

§ 59.  Each  member  of  the  commis= 
sion,  the  wardens  and  the  deputies  shall 
have  full  power  to  execute  and  serve  all 
warrants  and  processes  of  law  issued  by 
any  justice  of  the  peace  or  police  mag= 
istrate,  or  by  any  court  having  jurisdic= 
tion  under  this  Act  in  the  same  manner 
as  any  constable  may  serve  and  execute 
such  processes,  and  may  arrest  on  sight 
and  without  warrant,  any  person  detected 
by  him  actually  violating  any  of  the 
provisions  of  this  Act,  and  may  take 
such  person  so  offending  before  any 
court  having  jurisdiction  of  the  offense 
and  make  proper  complaint  before  such 
court  which  shall  proceed  with  the 
case  in  the  manner  and  form  provided 
by  the  law  for  misdemeanors.  It  shall 
further  be  the  duty  of  the  commission. 


55 


wardens  or  the  deputies,  upon  receiving 
any  information  that  any  law  relative  to 
game,  birds  and  fish  has  been  violated,  to 
immediately  cause  a thorough  examina= 
tion  of  such  complaint  to  be  made,  and 
to  cause  proceedings  to  be  instituted  if 
the  proof  at  hand  warrants,  and  all 
sheriffs,  deputy  sheriffs,  coroners  and 
police  officers  of  the  State  shall,  each 
and  every  one  of  them,  assist  the  com- 
mission, wardens  and  deputies  in  the 
enforcement  of  this  law,  the  same  as  it 
is  their  duty  to  assist  in  the  enforce- 
ment of  other  laws  and  such  commis- 
sion, wardens  and  deputy  wardens  shall 
seize  on  sight,  without  process,  any 
game  or  fish  found  in  the  possession  of 
any  person  or  corporation  which  is  so  in 
possession  contrary  to  law. 

§ 60.  Any  person  violating  any  of  the 
provisions  of  this  Act,' except  as  other- 
wise provided  herein,  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  con- 
viction thereof  shall  for  each  offense  be 
punished  by  a fine  of  not  less  than  ten 
(10)  dollars,  nor  more  than  two  hundred 
(200)  dollars  and  costs  and  shall  stand 
committed  to  the  county  jail  until  such 
fine  and  costs  are  paid. 

Each  fish  caught,  killed,  captured, 
shipped,  offered  or  received  for  shipment, 
sold  or  offered  for  sale,  or  had  in  posses- 
sion contrary  to  the  provisions  of  this 
Act,  and  each  net  or  other  device  used  in 
violation  of  the  provisions  of  this  Act, 
shall  constitute  a separate  offense. 

All  fines  imposed  for  a violation  of  any 
of  the  provisions  of  this  Act  shall,  when 
collected,  be  paid  to  the  State  Treasurer, 


56 


by  the  justice  of  the  peace,  clerk  of  court, 
or  other  officer  by  whom  such  fine  is  col- 
lected. 

§ 61.  All  prosecutions  under  the  pro- 
visions of  this  Act  except  as  otherwise 
herein  provided,  shall  bebroughtby any 
person  in  the  name  of  the  People  of 
the  State  of  Illinois  against  any  person 
or  persons  violating  any  of  the  provi- 
sions of  this  Act  before  any  justice  of 
the  peace  of  any  county  (and  said  jus- 
tice may,  on  proper  evidence  of  guilt, 
bind  said  violator  to  the  grand  jury), 
or  before  any  court  of  competent  juris- 
diction; and  it  is  hereby  made  the  duty 
of  the  State’s  attorneys  to  see  that  the 
provisions  of  this  Act  are  enforced  in 
their  respective  counties;  and  they  hall 
prosecute  all  offenders  upon  receiving 
information  of  the  violation  of  any  of 
the  provisions  of  this  Act;  and  it  is  made 
the  duty  of  the  sheriff,  constable  and 
police  officers  to  inform  against  all  per- 
sons whom  there  is  a probable  cause  to 
believe  are  guilty  of  violating  any  of  the 
provisions  of  this  Act ; the  amount  recov- 
ered in  any  penal  action  under  the  pro- 
visions of  this  Act  shall  be  paid  into  the 
State  Treasury. 

§ 62.  All  prosecutions  under  this 
Act  shall  be  commencedwithinone  year 
from  the  time  such  offense  was  com- 
mitted, and  not  afterward. 

§ 63.  It  shall  be  the  duty  of  all  sher- 
iffs, deputy  sheriffs,  coroners,  constables, 
police  officers,  and  all  other  conserva- 
tors of  the  peace  to  enforce  the  provi- 
tors  of  this  Act. 

§ 64.  Report.]  The  commission  shal 
make  an  annual  report  to  the  Governor, 


57 


setting  forth  the  conservation  work  of 
the  commission  during  the  preceding 
year,  and  shall  contain  any  recommend= 
ations  ofthe  commission  for  the  better 
attainment  of  the  object  of  thi  law. 

§ 65.  Repeal.]  An  Act  entitled,  ‘‘An 
Act  for  the  protection  of  game,  wild 
fowls  and  birds,  and  to  repeal  certain 
Acts  relating  thereto,  approved  April  28, 
1903,  andinforce  July  1,  1903,  as  amend- 
ed by  Act  approved  May  18,  1905,  in 
force  July  1,  1905,  as  further  amended 
by  Act  approved  May  28,  1907,  in  force 
July  1,  1907,  as  further  amended  by 
Act  approved,  June  15,  1909,  in  force 
July  1,  1909,  as  further  amended  by 
Act  approved  June  5,  1911,  in  force 
July  1,  1911,”  and  an  Act  entitled  “An 
Act  to  revise  the  law  in  relation  to  the 
prppagation  and  protection  of  fish  in  all 
the  waters  under  the  jurisdiction  of  the 
State  of  Illinois,  approved  June  7,  1911 
in  force  July  1,1911,”  and  an  Act  entitled 
“An  Act  for  the  protection  of  mussels, 
freshwater  clams  and  shell  fish,  approv- 
ed Feb.  24,  1908,  in  force  July  1,  1908,” 
and  all  Acts  and  parts  of  Acts  incon- 
sistent herewith  are  hereby  repealed. 

Approved  June  23,  1913. 


r 


UNIVERS 
639IL63G 
GAME  AND  FISH 
1913 


ITY  OF  ILLINOIS-URBANA 
COOS 

CODES  AND  FORESTRY  LAWS  OF 


